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SMITH v. PATE

No. 306.

97 S.E.2d 457 (1957)

246 N.C. 63

Billy G. SMITH, William K. Cotton t/a Smith & Cotton Grocery and John A. McClenny, v. Alma Linder PATE.

Supreme Court of North Carolina.

April 10, 1957.

Attorney(s) appearing for the Case

J. Faison Thomson & Son, Goldsboro, for defendant-appellant.

No counsel contra.

RODMAN, Justice.

The complaint, after alleging plaintiffs' possession and ownership of the store building and the operation by defendant of a 1952 Buick sedan automobile, alleges: "5. That upon said date at about 11:20 a. m., the defendant with force and arms broke and entered the premises located at 715 North George Street and forcibly broke open to pieces and damaged the building there standing on said premises with the said 1952 Buick automobile by running the...

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